QUESTION
Immigration related query - Can I backdate my EAD ?
Asked on Feb 05th, 2024 on Immigration - Kentucky
More details to this question:
I got my EAD recently, I had applied it concurrently with H1b renewal, we got H1b, H4, H4 EAD approved (H1b renewal was set to expire in May 2024). I got my H4 EAD for same duration valid from May 2024. Even though currently we have a valid H1b, i140 and H4, my EAD is not current. Since we applied concurrently, the validity date is from May. As I am eligible to have H4 EAD now, can I request USCIS to backdate my EAD ?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Because H-4 is only a dependent application, USCIS cannot give you a stay that is different from the one that is given to your spouse, the principal. That also applies to the work permission. While this may be a frustrating situation, you will have to wait for May to work on this EAD. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Feb 25th, 2024 at 6:05 PM